Patent Drafting

It is thus of paramount importance that the written description of an invention must describe the invention in sufficient detail so that anyone skilled in the same technical field can reconstruct and practice the invention from the description and the drawings without putting in further inventive effort. If this is not the case, the patent may not be granted or may be revoked after it is challenged in a court action.

Even more, patent searches in patent and non-patent databases should be conducted in order to check which patent exists and should be considered as the closest prior art in the field of invention. In view of the result from the search and its evaluation, a conclusion if the invention appears to be patentable is drawn. The patent specification is then drafted provided positive evaluation on patentability criteria has been concluded. Subsequently an explanation of the differences and advantages of the invention with respect to the known alternatives should be introduced in the description.

On the other hand, the patent claims in the patent application determine the scope of protection of a patent. Hence, the patent claims are absolutely crucial to a patented invention since if they are badly drafted, even a truly valuable invention could result in a worthless patent that is easy to circumvent or design around. Moreover, drafting the patent claims and full description of the invention should combine legal and technical jargon and using an experienced patent attorney in drafting patent applications is strongly advisable.

The approximate time scale for patent searches, evaluating the patentability criteria and drafting a patent application depends on many factors, i.e. complexity of the technical field, the volume of the written description of the invention, etc. However, the patent drafting process usually takes between about 2 and 10 weeks from receiving the complete disclosure from the inventor and/or patent applicant.

Once drafted, the patent specification can be filed to initiate the prosecution procedure, i.e. for obtaining legally strong protection through a Bulgarian Patent with the Bulgarian Patent Office, European Patent with the European Patent Office or PCT application.

How may we help?

With more than 35 years of experience in the patent field, we can assist you in this exorbitant task and meet your needs being it for drafting a description and patent claims for Bulgarian patent application, Utility model registration in Bulgaria, European patent application  or for the purposes of filing a PCT application. M.Sc. Konstantin Tahtadjiev is an EQE qualified European Patent Attorney who is technically and legally competent to draft patent applications and claims in all technical fields. We strive to prepare patent specifications and claims that lead to the early grant of a patent and at the same time the obtained patent right being of undoubted commercial utility for our clients.